Conkling v. Bloodgood

12 Wend. 279

Opinion

On a motion for re-taxation of costs in this cause, the Chief Justice ruled, that where a cause is settled after notice of trial, and previous to the circuit, charges for an attorney’s fee and counsel-fee, prepared for trial, are not taxable. He also decided that where a motion is made in a number of causes embraced in the same notice and papers, although but one set of papers can be charged, an attorney’s fee and counsel-fee on motion in each cause, are proper items of taxation.